Description
Book SynopsisJoint Venture Strategies: Design, Bargaining, and the Law
is a thoughtful approach to negotiating workable joint ventures. Significant detail is devoted to performing appropriate preparatory activities to improve the range of terms that could be considered in forging contractual agreements. The book sets realistic expectations for firms who might cooperate with partners by delineating the pitfalls of venturing and anticipating the posturing of potential parties with the objective of creating synergistic returns for all. Company examples inform their explanations of how to structure controls and share the benefits of working with partners. Special detail is devoted to the needs of venture capital and private equity investors. The book is necessary homework to be read before courting attractive opportunities through joint ventures.'
- Kathryn Rudie Harrigan, Columbia Business School, US
Although they have the potential to create synergies, joint ventures by their nature contain inherent risk. Therefore, each partner in a joint venture needs to incentivize each other in order to maximize its own payoff. Extensive pre-contractual and post-contractual bargaining is essential. This book provides successful bargaining strategies from the point of view of each partner company.
Using a game theoretical framework to analyze joint venture strategy, it describes practical and legal issues that arise when creating synergies and incentive bargaining in a joint venture. With a particular focus on intellectual property law, including analysis based on many real cases, the book covers issues relating to creating synergies, corporate law issues of conflicts of interest, and antitrust law issues relating to cooperation between independent companies.
Theoretically new and practically useful, Joint Venture Strategies will appeal to academics and practicing lawyers. From a corporate perspective, this book is essential for successful joint venture planning and strategy.
Trade Review‘Joint Venture Strategies: Design, Bargaining, and the Law is a thoughtful approach to negotiating workable joint ventures. Significant detail is devoted to performing appropriate preparatory activities to improve the range of terms that could be considered in forging contractual agreements. The book sets realistic expectations for firms who might cooperate with partners by delineating the pitfalls of venturing and anticipating the posturing of potential parties with the objective of creating synergistic returns for all. Company examples inform their explanations of how to structure controls and share the benefits of working with partners. Special detail is devoted to the needs of venture capital and private equity investors. The book is necessary homework to be read before courting attractive opportunities through joint ventures.’ -- Kathryn Rudie Harrigan, Columbia Business School, US
Table of ContentsContents: Preface I. Introduction PART I INCENTIVE BARGAINING 2. Conflicts and Risks in Joint Ventures: Premises of Incentive Bargaining 3. Bargaining over Sharing Control 4. Bargaining over Sharing Total Return 5. Bargaining over Exit Rights PART II SYNERGIES AND INTELLECTUAL PROPERTY 6. Synergies 7. Intellectual Property and Incentive Bargaining PART III STAGED BARGAINING 8. Pre-Contract Bargaining 9. Legal Measures for Finalizing Bargains 10. Post-Contract Bargaining 11. Cost-Centers, Profit-Centers and Human Capital Provider Autonomy 12. Termination of Joint Venture PART IV THE SUCESS AND FUTURE OF JOINT VENTURES 13. Successful Joint Ventures: Avoiding Common Joint Venture Pitfalls 14. New Trend: Hybridization of Joint Venture Agreements and Venture Capital Investment Agreements Appendix Table of References Index
